ALLcrimesfood&drugstaxestelecomcommercehealthconservationtransportationagricultureveteransbrowse all titles »
0

42 U.S.C. § 7661cPermit requirements and conditions

submitted 71 years ago by Pub. L. 101-549 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 522 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law spells out what every Clean Air Act operating permit must include, such as emission limits and a compliance schedule. It lets permitting authorities issue general permits for similar sources and temporary permits for mobile operations. It also protects permit holders from extra liability if they follow their permit's terms.

(a) Conditions. Every permit must include enforceable emission limits and standards, a compliance schedule, a requirement to report monitoring results to the permitting authority at least every 6 months, and any other conditions needed to make sure the source follows Clean Air Act requirements, including the state's implementation plan. (b) Monitoring and analysis. EPA may write rules for how to determine compliance and how to monitor and analyze regulated pollutants. Continuous emissions monitoring doesn't have to be required if another method gives reliable, timely-enough information instead. This doesn't change any continuous-monitoring requirement that already applies under the acid rain program (subchapter IV-A) or elsewhere in the law. (c) Inspection, entry, monitoring, certification, and reporting. Every permit must set inspection, entry, monitoring, compliance-certification, and reporting requirements to make sure the source follows its permit's terms. These must match any rules EPA issues under (b). Any report a corporation must submit under its permit must be signed and certified by a responsible corporate official. (d) General permits. After notice and a public hearing, a permitting authority may issue one general permit covering many similar sources. A general permit must meet every requirement that applies to permits under this subchapter. A source covered by a general permit still must file its own application under section 7661b. (e) Temporary sources. A permitting authority may issue a single permit authorizing similar operations at several temporary locations, as long as the permit makes sure all Clean Air Act requirements — including ambient air-quality standards and any applicable visibility or increment rules under subchapter I, part C — are met at every location. The permit must require the owner or operator to notify the authority in advance before each move. The authority may charge a separate permit fee for each location. (f) Permit shield. Following a permit issued under this subchapter counts as complying with section 7661a. Unless EPA says otherwise by rule, a permit can also state that following it counts as complying with other applicable Clean Air Act provisions that relate to the source, if either: (1) the permit already includes those provisions' requirements, or (2) when acting on the permit application, the permitting authority decided that those other provisions don't apply to the source, and the permit states that determination (or a short summary of it). None of this changes EPA's separate authority under section 7603.
the actual law source: uscode.house.gov ↗public domain
(a) Conditions

Each permit issued under this subchapter shall include enforceable emission limitations and standards, a schedule of compliance, a requirement that the permittee submit to the permitting authority, no less often than every 6 months, the results of any required monitoring, and such other conditions as are necessary to assure compliance with applicable requirements of this chapter, including the requirements of the applicable implementation plan.

(b) Monitoring and analysis

The Administrator may by rule prescribe procedures and methods for determining compliance and for monitoring and analysis of pollutants regulated under this chapter, but continuous emissions monitoring need not be required if alternative methods are available that provide sufficiently reliable and timely information for determining compliance. Nothing in this subsection shall be construed to affect any continuous emissions monitoring requirement of subchapter IV–A, or where required elsewhere in this chapter.

(c) Inspection, entry, monitoring, certification, and reporting

Each permit issued under this subchapter shall set forth inspection, entry, monitoring, compliance certification, and reporting requirements to assure compliance with the permit terms and conditions. Such monitoring and reporting requirements shall conform to any applicable regulation under subsection (b). Any report required to be submitted by a permit issued to a corporation under this subchapter shall be signed by a responsible corporate official, who shall certify its accuracy.

(d) General permits

The permitting authority may, after notice and opportunity for public hearing, issue a general permit covering numerous similar sources. Any general permit shall comply with all requirements applicable to permits under this subchapter. No source covered by a general permit shall thereby be relieved from the obligation to file an application under section 7661b of this title.

(e) Temporary sources

The permitting authority may issue a single permit authorizing emissions from similar operations at multiple temporary locations. No such permit shall be issued unless it includes conditions that will assure compliance with all the requirements of this chapter at all authorized locations, including, but not limited to, ambient standards and compliance with any applicable increment or visibility requirements under part C of subchapter I. Any such permit shall in addition require the owner or operator to notify the permitting authority in advance of each change in location. The permitting authority may require a separate permit fee for operations at each location.

(f) Permit shield

Compliance with a permit issued in accordance with this subchapter shall be deemed compliance with section 7661a of this title. Except as otherwise provided by the Administrator by rule, the permit may also provide that compliance with the permit shall be deemed compliance with other applicable provisions of this chapter that relate to the permittee if—

(1)

the permit includes the applicable requirements of such provisions, or

(2)

the permitting authority in acting on the permit application makes a determination relating to the permittee that such other provisions (which shall be referred to in such determination) are not applicable and the permit includes the determination or a concise summary thereof.

Nothing in the preceding sentence shall alter or affect the provisions of section 7603 of this title, including the authority of the Administrator under that section.

Source credit: (July 14, 1955, ch. 360, title V, § 504, as added Pub. L. 101–549, title V, § 501, Nov. 15, 1990, 104 Stat. 2642.)

history & why it existsrecord from the source credit
  • 1955Enacted · Pub. L. 101-549 · 104 Stat. 2642

A history note hasn’t been published yet. The record shows enactment by Pub. L. 101-549 on 1955-07-14.

all 0 arguments · sorted by: best

0/280

no arguments yet — make the first case